Komentar pravnice Eve Žunkovič: Politika, morala in pravo

Platon: »Politika je kot vodnjak. Nekateri vanjo nepričakovano padejo, drugi pa se vanjo spustijo po premisleku in tehtni odločitvi. Pomembno je, kako se spustiti v ta politični vodnjak, ne da bi uničili sebe ali pa povzročili škodo skupnosti.«

Živimo v časih, kjer je politika med ljudmi slabo zapisana, skorajda bi lahko rekli, da je v očeh ljudi čisto brez vrednosti. Propadanje podjetij, brezposelnost, revščina, izkoriščanje delavcev, nasilje v družini, utaje davkov in onesnaževanje okolja so le nekateri od problemov s katerimi se soočamo. Med vsakdanjim pogovorom ljudje tako radi rečejo: »Država je kriva za vse! Politika je kriva za vse!« Ampak kdo sploh je država? In kdo politika?

Živimo v svetu kapitalizma in materialnih dobrin, v svetu, kjer na najvišjih mestih kotirajo vrednote kot so vpliv, ugled in denar. Ljudje tekmujemo med seboj, kdo bo imel boljši avtomobil, telefon ali tablico. Kako ne bi, ko pa je okrog nas polno oglasov, izložb in medijev, ki ti dajejo občutek, da ti nekaj manjka, da je treba vedno znova in znova napolniti košarico. Zakaj si raje, namesto gonje po materialnih dobrinah in želje po močnejših bicepsih raje bolj ne prizadevamo za višjo kvaliteto naših odnosov, za večjo povezanost z ljudmi, za spoštovanje človekovega dostojanstva, kot ene izmed najbolj pomembnih človekovih pravic?!

Pravo je skupek nekih pravil in načel, ki urejajo odnose med ljudmi. Je instrument, ki varuje posameznike pred določenimi škodljivi ravnanji in kaznuje tiste, ki ne spoštujejo pravno urejenih odnosov. Problem današnjega prava je v poplavi in nasičenosti pravnih predpisov. Če smo včasih imeli za vsak problem svoj zakon, imamo danes za vsak problem tri različne zakone. Pravniki postajamo preveč »napiflani«. Zakone beremo od besede do besede, od črke do črke.

Pravo bi se moralo razlagati bolj življenjsko,  premalo se poudarja namen zakona, premalo se pravo uporablja skupaj z etiko in moralo, pravičnostjo ter filozofijo. Če smo mislili, da bo vedno večje število zakonov prineslo izboljšanje razmerij med ljudmi, smo sedaj ugotovili, da več zakonov, prinese le še več zmede, nejasnosti in problemov. Številčnost predpisov torej ni problem, problem je izvajanje in spoštovanje teh predpisov ter sankcije za neizvajanje.

Eno izmed najpomembnejših načel sodobne demokracije je delitev državne oblasti. Charles de Montesquieu je v svojem delu »O Duhu zakonov« oblast razdelil na tri veje – sodno, izvršilno in zakonodajno. Vse tri oblasti so relativno samostojne in neodvisne druga od druge, vendar je med njimi vzpostavljen odnos medsebojnega nadzora in omejevanja (t.i. »checks and balances«), tako, da nobena oblast ne more prevladati nad drugo.

Ne glede na to, pa vse tri veje oblasti med seboj sodelujejo. Zakoni se ustvarjajo skozi politiko, saj jih sprejema Državni zbor, ki je najvišji politični organ v Sloveniji. Po drugi strani pa so politični procesi v državi podvrženi, oz. podrejeni pravnim pravilom – ustavi, zakonom. V antičnih časih je politično udejstvovanje veljalo za eno izmed najvišjih oblik človekovega delovanja, ukvarjanje s politiko je bila božanska naloga. V zadnjih nekaj letih je politika prevečkrat padla na izpitu. Afere s kupčkanjem in preračunavanjem, zaposlovanjem »po vezah«, protipravna ravnanja zaradi neizmerne želje po kopičenju zasebnega premoženja in podobne nečednosti. Vse to je povzročilo, da so ljudje začeli politiko dojemati kot najhujšega sovražnika.

Vsak politik si mora, oz. bi si moral prizadevati za krepitev prava in pravne države. Politika mora stremeti k temu, da bodo ljudje boljše živeli, s svojimi potezami in dejanji pa mora  biti vzgled. Odmik posameznika od politike, pasivnost in vdanost v usodo je nekaj najhujšega, kar lahko družbo doleti. Nujno je, da politiko spremljamo in jo kritično ocenjujemo skozi moralni vidik. Kritično pa moramo ocenjevati tudi sebe in svoja dejanja.

Naučiti se moramo zakone spoštovati ne le zato, ker bi drugače bili kaznovani, ampak zato, ker čutimo, da je tako prav in pošteno. In še več, ni nujno, da nekaj ni slabo, če ni v zakonu izrecno prepovedano, oz. sankcionirano. Moralne vrednote niso dane od rojstva, ampak se jih je potrebno naučiti in skozi življenje tudi uporabljati. Ponovno se je potrebno vrniti k vzgoji, ki bo učila tudi o pomembnosti moralnih vrednot. V današnjem sistemu kapitalizma in materializma je to še toliko bolj pomembno. Vzgojiti dobre politike, dobre pravnike, dobre ljudi.

Vsak sleherni posameznik je del sistema. Je del države. In navsezadnje tudi del politike. Miselnost ljudi in celotne družbe kot sistema je pomembna. Država smo mi vsi. In vsi »mi« si moramo prizadevati za dobro. Čut in spoštovanje do sočloveka, humanost, srčnost, poštenost, dobri poslovni običaji, solidarnost. Kvalitetni odnosi in zaupanje med ljudmi. Tega noben predpis, nobena institucija, nobena politika ne more v celoti zagotoviti. Pa naj se sliši še tako naivno, ampak le, če bomo kot družba, kot celota delovali na tak način, takrat bomo lahko zagotovili boljši jutri. Pravo in politika pa morata dati ljudem upanje, da se to lahko zgodi.

Eva Žunkovič, uni. dipl. pravnica

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